Timmerman Pleads Guilty On Sexual Misconduct Charge
Theo Richard Timmerman II, 21, 5219 E. CR 500N, Leesburg, entered a plea agreement this morning in Kosciusko County Superior Court 1, to sexual misconduct with a minor. Through the plea agreement, Timmerman plead guilty to a level 6 felony instead of the original level 5 felony.
If the plea is accepted by Judge David Cates, he is facing a one-half year to 2 1/2 year sentence instead of a one year to six-year sentence. The plea agreement also calls for restitution to the parent of the victim for counseling.
A date of 9:30 a.m. June 25, has been set for action on the plea agreement.
The state statute describes sexual misconduct with a minor is when the defendant is at least 18 years of age, and who with a child at least 14 years of age, but less than 15 years of age, performs or submits to sexual intercourse.
Timmerman was arrested on Dec. 4, 2014, and held on a $4,000 surety bond.
North Webster Police Officer Candace Smyth spoke to the father of a female on Nov. 24, 2014, who reported his daughter, 15 years old, was having sex with Timmerman. The teenager confirmed the accusation, stating the two started having sexual intercourse in August 2014. She also stated they had sexual intercourse on multiple occasions.
Timmerman, who spoke with county police, admitted having sex with the 15-year-old on three separate occasions. He advised the first time, the two had intercourse, he believed she was 16 years of age. However, after she told him she was 15, he had sexual intercourse with her on two more occasions. The last time was at his residence on Nov. 14.